STATE OF PUNJAB Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution of India by the State of Punjab and the Director of the State Transport, Punjab, seeking the quashing of the award of the Labour Court dated 3.3.1980, whereby respondent No. 1, Gurbachan Singh, was ordered to be reinstated in service.

(2.) The workman, Gurbachan Singh, was an employee of the Punjab Roadways at Moga. His services were terminated on 1.9.1975 on a charge that he had committed theft of 27 litres of diesel oil. The termination order had been passed after a regular departmental enquiry. The Labour Court quashed the order primarily on the ground that the enquiry had been held without there being a Presenting Officer before the Enquiry Officer.

(3.) The petitioners' grudge against the quashing of the enquiry is based on the provisions contained in clause (c) of rule 8(5) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short, the rules), which reads:-